Court : Punjab and Haryana
Reported in : 2009[15]STR678; [2009]20STT495
..... . this order shall dispose of sta nos. 4 and 5 of 2009, which have been filed by the revenue under section 35g of central excise act, 1944 (for brevity, 'the act') read with section 83 of the finance act, 1994 (for brevity, 'the finance act'), challenging the common order dated 7-9-2007 and orders dated 3-4-2007 (in sta no. 4 of 2009 ..... -4).3. the only argument raised by the counsel for the appellant, which was also the submission before the tribunal in rectification application, is that under section 84(5) of the finance act, the revisional authority, has passed the order within the period of two years from the date of the order passed by the adjudicating authority. according to ..... has passed the order-in-original on 30-11-2004 whereas the revisiorial authority has revised that order on 28-11-2006 by exercising jurisdiction under section 84(5) of the finance act. the order of the revisional authority is within the period of two years as it was passed on 28-11-2006. once the initial order .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2010[17]STR8
..... tribunal with regard to the reasons having been shown by the dealer-respondent and the bona fide of the dealer-respondent has been accepted in terms of section 80 of the finance act as well. therefore, we are not inclined to admit the appeal as no substantive question of law would arise for determination, which is sine qua non ..... tax only with effect from 10-9-2004. accordingly, it has been held that it was not a fit case for imposition of penalty under section 76 or 78 of the finance act.3. having heard learned counsel for the parties and perusing the record with their able assistance, we find that there are pure findings of fact ..... -respondent to evade tax, which is necessary for invoking the provisions of section 76 and 78 of the finance act. the tribunal has also extended the benefit of section 80 of the finance act, which says that notwithstanding anything contained in the provisions of section 76 or 78 of the finance act, no penalty is to be imposed on the dealer-respondent for any .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1970]77ITR849(P& H)
..... east punjab states union accepted the federal financial integration scheme and became a taxable territory of the union of india with the result that the indian finance act, 1950, and subsequent finance acts became applicable to it for the purposes of levy of income-tax for each assessement year. before the revenue authorities, it was claimed by the ..... to pay tax only at the concessional rates provided in clause 23 of the above-said agreement and not at the rates laid down in the relevant finance act. this contention was rejected and when the matter came up for consideration before the tribunal, it observed that theidentical contention raised by the assessee for the ..... business of the company ; and (2) the expense was not of a capital nature. 7. the first requirement of clause (xv) of sub-section (2) of section 10 of the indian income-tax act, 1922, under which the allowance was claimed, has not been satisfied and, therefore, the amount claimed had been rightly disallowed. in view of this .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2010]24STT413
..... and also set aside the penalty. the order of the commissioner (appeals) has been upheld by the tribunal on the basic premise that section 66a of the finance act, 2006 (for brevity, 'finance act'), was enforced with effect from 18-4-2006, which covered the services rendered outside india for the purposes of imposition of service tax and ..... those services prior to enforcement of section 66a of the finance act were not subjected to service tax. the tribunal followed its own view rendered in the case of foster wheeler energy ltd. v. cce & c : ..... tribunal and, thus, the same be adjudicated by this court:(i) whether the service tax was leviable on the recipient of service irrespective of section 66a of the finance act?(ii) whether non-supply of information to the department regarding overseas commission with the intention to evade service tax does not amount to suppression of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2000)160CTR(P& H)199; [2000]241ITR567(P& H); (2000)124PLR474
..... scheme in respect of the voluntarily disclosed income was to be paid by the declarant and the declaration was to be accompanied by proof of payment of such tax. sec. 67 of the finance act which is relevant for our purpose is reproduced hereunder for facility of reference : '67. interest payable by declarant. - (1) notwithstanding anything contained in s. 66, the declarant may ..... disclosed income. 7. we have heard counsel for the parties and are of the view that the cit was right in rejecting the declaration filed by the petitioner. sec. 67(2) of the finance act, clearly stipulates that if the declarant fails to pay tax in respect of the voluntarily disclosed income before the expiry of three months from the date of filing .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1982]135ITR652(P& H)
..... from the above that because of the designed amendments which were wrought in section 271(1)(c) by the finance act of 1964 and the insertion of the explanation thereto, the reasoning of anwar ali's case : [1970]76itr696(sc) (which had construed the earlier and different provisions of section 28(1) of the 1922 act) would now no longer be applicable for the construction of ..... (1)(c) and in inserting the explanation thereto by the finance act of 1964 was to bring about a change in the existing law. consequently, the ratio of anwar ali's case : [1970]76itr696(sc) , which had considered the earlier provision of section 28(1) of the 1922 act, is no longer attracted. the true legal import of the explanation is to shift the burden .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)145CTR(P& H)246; [1998]231ITR663(P& H)
..... or profession. it, however, does not include agricultural land in india except the classes of land included in items (a) and (b) of section 2(14)(iii) of the act. by the finance act, 1970, with effect from the assessment year 1970-71, certain specified lands situate in urban areas or semi-urban areas were brought within the definition of capital asset. although the tribunal and ..... of lands included in items (a) and (b) of section 2(14)(iii). in order to qualify for such exemption, it is not enough that the land was once agricultural land. it must be agricultural land even at the time of sale or transfer. by the finance act, 1970, with effect from the assessment year 1970-71, certain specified lands situate in urban areas or .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1991)99PLR225
..... restospective effect.4. mr. a k. mittal, learned counsel for the respondent, on the other hand stated that the explanation inserted by finance act of 1987 to sub section (i) of section 194a simply explains the existing provisions of law and had not created any new offence and that under the merchantie accounting system the accused- ..... had committed any offence. he also relied upon explanatory notes on the provisions relating to direct taxes while introducing the finance act 1987 figuring at page 87 (1987) 168 i. t. r. in the section of statutes. mr. sibal also relied upon the decisions of toe apex court in the commissioner of income tax, madras ..... and the proceedings resulting therefrom inter alia, on the ground that before the amendment of section 194a vide finance act, 1987, which came into force on 1-6-1987, there was no provision like the present explanation to sub section (!) of this section making the crediting of any interest to any account whether called 'interest payable account' or .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1986P& H21
..... of the constitution. if so, its effect? opd. 5. whether issues no. 4 can be decided by the court while dealing with the petitioners under section 30 of the industrial finance corporation act? opp. 6. whether the present petition is male fide for reasons mentioned in paras 2(m) and 2 (t) of the written statement. if so ..... .1 is a public limited company and is engaged in the business of manufacturing and processing of paper, pulp, etc. and is an industrial finance corporation act ( hereinafter referred to as corporation act). respondent nos. 2 to 4 are the other financial institutions and respondent nos. 5 and 6 the banks, which along with petitioners no. 1 ..... into consideration all the circumstances it cannot be held that the petitioners-institution was responsible to close the factory. 8. it is true that mr. vankatachalam, finance director who was acting as such at the instance of the institution, vide letter dated 27th august, 1980, ex. p. 94 wrote to the petitioners that an extra amount of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)206CTR(P& H)194; [2007]290ITR15(P& H)
..... within the period of limitation. against the order passed by the cit(a), the revenue went in appeal before the tribunal, which is pending.3. vide finance act, 2006, section 148 has been amended w.e.f. lst oct., 1991. the said provision before and after the amendment is as under:before amendment148. issue of notice ..... . cif .6.1 it will also be necessary to notice the legislative history of the relevant provisions. section 143(2) of the act was amended vide direct tax laws (second amendment) act, 1989 w.e.f 1st april, 1989 and thereafter by finance act, 1989 w.e.f 1st nov., 1991. amendments were also simultaneously made, inter alia, to the ..... and k. krishna bhatta v. agrl. ito and anr. air 1963 sc 591, ito v. murlidhar bhagwan das : [1964]52itr335(sc) , rustom cavasjee cooper v. union of india : [1970]3scr530 , amalgamated tea estates co. ltd. v. state of kerala : [1974]94itr479(sc) , superintendent and remembrancer of legal affairs, w. bengal v. girish kumar navalkha and ors. : 1975crilj874 .....
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